Pesigan v.

Angeles
G.R. No. L-64279 30 April 1984 Aqiuino, J.
WHEN DO LAWS TAKE EFFECT? Art.2
PETITIONER RESPONDENTS
Anselmo and Marcelino Pesigan Judge Domingo Medina Angeles
SUMMARY
Pesigan brothers transported 26 carabaos and 1 calf in a truck from Sipocot,
Camarines Sur to Padre Garcia, Batangas in April 2, 1982. They were provided with
health certificate, permit to transport large cattle, and three certificates of inspection.
Despite these certificates, the carabaos were confiscated while passing Basud,
Camarines Norte by Lt. Zenarosa and Doctor Miranda. The confiscation was bases
on EO 626-A. Doctor Miranda distributed the carabaos to 25 farmers in Basud. The
pesigans filed an action in RTC against Zenarosa and Miranda an action for replevin
to recover the carabaos. Judge Angeles dismissed the case for lack of cause of
action. The Pesigans appealed to SC and RTC’s order was reversed and Carabaos
are returned to them on the grounds that EO 626-A should not be enforced to them
since it was published more than two months later in the Official Gazette dated June
14, 1982. In essence, the EO is not yet effective at the time of their transport.
FACTS
1. Anselmo L. Pesigan and Marcelo L. Pesigan, carabao dealers,
transported in an Isuzu ten-wheeler truck in the evening of April 2,
1982 twenty-six carabaos and a calf from Sipocot, Camarines Sur
with Padre Garcia, Batangas.
2. A health certificate from provincial veterinarian, a permit to
transport from provincial commander, and three certificates of
inspection Constabulary, Bureau of Animal Industry, and Mayor of
Sipocot were provided to them.
3. While passing Basud, Camarines Norte, these carabaos were confiscated
by Lieutenant Arnulfo V. Zenarosa, the town's police station
commander, and by Doctor Bella S. Miranda, provincial veterinarian.
Confiscation is based on EO 626-A.
4. The Pesigans filed against Zenarosa and Doctor Miranda an action for
replevin for the recovery of the carabaos but was dismissed by Judge
Domingo Medina Angeles due to lack of cause of action.
5. Pesigans appealed at the Supreme Court and RTC’s decision was
reversed because the said EO should not be enforced to them since it was
published more than two months later in the Official Gazette dated June 14,
1982.
ISSUES RULING
1. Whether or not EO 626-A NO
be enforced before its
publication in the Official
Gazette.
RATIONALE
Supreme Court held that the said executive order should not be enforced
against the Pesigans on April 2, 1982 because, as already noted, it is a
penal regulation published more than two months later in the Official
Gazette dated June 14, 1982. It became effective only fifteen days
thereafter as provided in article 2 of the Civil Code and section 11 of the
Revised Administrative Code.

The word "laws" in article 2 (article 1 of the old Civil Code) includes
circulars and regulations which prescribe penalties. Publication is necessary
to apprise the public of the contents of the regulations and make the said
penalties binding on the persons affected thereby. (People vs. Que Po Lay,
94 Phil. 640; Lim Hoa Ting vs. Central Bank of the Phils., 104 Phil. 573;
Balbuna vs. Secretary of Education, 110 Phil. 150.)

In the instant case, the livestock inspector and the provincial veterinarian
of Camarines Norte and the head of the Public Affairs Office of the Ministry
of Agriculture were unaware of Executive Order No. 626-A. The Pesigans
could not have been expected to be cognizant of such an executive order.

It results that they have a cause of action for the recovery of the carabaos.
The summary confiscation was not in order. The recipients of the carabaos
should return them to the Pesigans. However, they cannot transport the
carabaos to Batangas because they are now bound by the said executive
order. Neither can they recover damages. Doctor Miranda and Zenarosa
acted in good faith in ordering the forfeiture and dispersal of the
carabaos.

Disposition
WHEREFORE, the trial court's order of dismissal and the confiscation and
dispersal of the carabaos are reversed and set aside. Respondents Miranda
and Zenarosa are ordered to restore the carabaos.